PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THE VENTURE ENCODING WEBSITE YOU ARE AGREEING TO THESE TERMS OF USE.
The web site, www.venture-encoding.com (the "Site"), is owned and operated by Venture Encoding Service, LLC ("Venture"). Your use and access of the Site is expressly conditioned on your acceptance of the following terms and conditions. If you do not or cannot agree with any part of the following terms and conditions, do not use or access the Site.
You may only use the Site for your own informational purposes. Further, without the express written permission of Venture, you may not create any link to any Content (as defined below) on the Site, except a link to "http://www.venture-encoding.com".
2. CONTENT RIGHTS AND OWNERSHIP
All information, data, text, software, music, sound, photographs, graphics, video, messages or other material ("Content") presented to you on the Site are owned by Venture and various third parties. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Content without the written permission of Venture or such other party that may own the Contents. Venture grants you a personal, non-transferable and non-exclusive license to access and use the Site, all subject to these terms of use. Except as expressly authorized by Venture in these terms of use, you agree not to copy, create derivative works of, or distribute any Content that is on the Site.
If you are an authorized user, you will have a user identification ("User ID") and Password sometime after the execution of the applicable written agreement with Venture. In the event of a conflict between these terms of use and the applicable written agreement with Venture, such terms of the applicable written agreement will control.
You are responsible for maintaining the confidentiality of your User ID and Password, and are fully responsible for all activities that occur under your User ID and Password. You agree to (a) immediately notify Venture of any unauthorized use of your User ID and/or Password or any other breach of security, and (b) ensure that you exit from your private access at the end of each session. Venture cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
You acknowledge that you have read the Venture Encoding Privacy Policy, the terms of which are incorporated herein.
Venture may amend these terms of use at any time by posting the amended terms on the Site. Except, as stated below, all amended terms will automatically be effective upon posting on the Site. This Agreement may not be otherwise amended except in a writing signed by you and Venture. If you do not or cannot agree to the amended terms, your only option is to cease all use and access of the Site.
The Site may contain links to other World Wide Web sites or resources. Because Venture has no control over such sites and resources, you acknowledge and agree that Venture is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, privacy policies, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Venture will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Venture reserves the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Venture will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
You agree to indemnify and hold Venture, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including without limitation, reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of these terms of use, or your violation of any rights of another.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VENTURE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
VENTURE MAKES NO WARRANTY THAT (1) THE SITE WILL MEET YOUR REQUIREMENTS, (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (4) ANY ERRORS IN THE SITE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK; AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
10. LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VENTURE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VENTURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (iv) ANY OTHER MATTER RELATING TO THE SITE. SOME STATES DO NOT ALLOW LIMITATIONS OF LIABILITY FOR DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The Site may also provide notices of changes to the terms of use or other matters by displaying notices or links to notices to you generally on the Site.
Except as otherwise provided in Section 3, these terms of use constitute the entire agreement between you and Venture and governs your use of the Site, superceding any prior agreements between you and Venture with respect to the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of Venture to exercise or enforce any right or provision will not constitute a waiver of such right or provision. If any provision is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions remain in full force and effect. THE AGREEMENT AND THE RELATIONSHIP BETWEEN YOU AND VENTURE WILL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. YOU AND VENTURE AGREE TO SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF THE COURTS LOCATED WITHIN THE COUNTY OF TARRANT, TEXAS.